The Applicant sought full indemnity costs following successful motions related to the enforcement of a Consent and Minutes of Settlement for the sale of the matrimonial home.
The Respondent opposed, arguing her actions were not in bad faith and she lacked the financial means to pay.
The court found the Respondent's behaviour unreasonable, particularly her attempts to renegotiate or set aside the settlement and her persistence in positions already dismissed.
While not constituting bad faith, her conduct warranted a costs award.
The Applicant was awarded costs on a full indemnity basis, reduced by 10 hours due to issues with his counsel's drafting of the consent order.
The total award of $34,394 was ordered to be paid from the Respondent's share of the proceeds of sale of the matrimonial home.
